Traverse Internet Law Federal Court Report: March 2012 - Domain Name Dispute Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


NEW ISLAND CAPITAL MANAGEMENT, INC. v. WWW.NEWISLANDCAPITAL.COM
WESTERN DISTRICT OF WASHINGTON (SEATTLE)
2:12-CV-00320-JLR
FILED: 2/24/2012

The “competition” involved by the Defendant appears to be the “passive holding” of the domain name. There does not appear to be any active business competition occurring through the use of the domain name and no bona fide goods or services are being offered. There is a split of authority as to whether passive holding can constitute “bad faith use” but the best practice is to avoid acquiring domain names that conflict with an established and valuable trademark.

The Plaintiff is an investment advisor focused on achieving positive mission-focused investments in the sustainable agriculture, communities, alternative energy, and environment sectors. The Plaintiff holds a registered trademark in the term “New Island Capital”. The Defendant has acquired the domain name and is using it to compete against the Plaintiff in bad faith.

The lawsuit alleges violation of the Anticybersquatting Consumer Protection Act. The prayer for relief requests Defendant be enjoined from further use of the infringing domain name, the transfer of the infringing domain name, and any other relief as the Court deems just and proper. Traverse Internet Law Cross Reference Number 1550.